Legally controlling version: Allgemeine Geschäftsbedingungen (DE)
In plain English — please still read the full text
- You are signing up for a trial license of our IT Ops platform.
- The service is business-only (§ 14 BGB), not for consumers.
- We can suspend the trial at any time if you abuse the service.
- During the trial we make no availability or feature warranties beyond what German law mandates.
- Our liability follows the German B2B pattern (§§ 307–309 BGB) — unlimited for intent / gross negligence / personal injury, limited otherwise.
- German law applies. Venue is our registered seat.
§ 1 Scope and parties
(1) These Terms govern every agreement between Monovandi GmbH, Markweg 21, 72218 Wildberg, Germany (the "Provider"), and the customer regarding the use of the IT Ops software and related services (together, the "Service").
(2) The Service is offered only to entrepreneurs (§ 14 BGB), legal persons of public law, and special public-law funds. Contracts with consumers (§ 13 BGB) are excluded.
(3) The customer's general terms apply only with the Provider's express written consent.
§ 2 Conclusion of contract
(1) Submitting the registration form and confirming the activation email constitutes the customer's offer to enter into a trial-license agreement. The contract is formed when the Provider issues the license key.
(2) By registering, the customer warrants that the acting individual has authority to bind the named company and is at least 18 years of age.
§ 3 Trial-license scope
(1) The Provider grants the customer a non-exclusive, non-transferable, revocable right to use the Service for evaluation purposes.
(2) The trial term is 30 days from activation unless the activation flow states otherwise.
(3) Production use during the trial is not permitted.
§ 4 Customer obligations, acceptable use
(1) The license key (itk_…) is to be treated as a credential and protected against disclosure.
(2) The customer shall not:
- reverse-engineer beyond the rights granted by Art. 5 and 6 of the EU Software Directive;
- publish comparative benchmarks without prior consent;
- use the Service to develop a competing product;
- upload unlawful, infringing, or abusive content.
§ 5 Data protection
Personal-data processing is governed by our Privacy Policy. It is not part of the contract but describes the legally agreed processing activities.
§ 6 Cookies and storage
Registration uses Cloudflare Turnstile as a strictly necessary bot-defence mechanism. No consent is required under § 25(2) TDDDG.
§ 7 Intellectual property
(1) All rights in the Service, its source code, documentation, and trademarks remain with the Provider or its licensors.
(2) Feedback the customer gives the Provider may be used by the Provider royalty-free, worldwide, and indefinitely.
§ 8 Confidentiality
License keys, any pricing shown, and other information marked or obviously confidential must be kept confidential by both parties.
§ 9 Warranty and liability
(1) The trial license is provided free of charge and "as is". Warranty claims exist only to the extent legally mandatory (in particular §§ 521, 523 BGB).
(2) The Provider is liable without limitation:
- for damage to life, body, or health caused by negligent or intentional breach;
- for other damage caused by intentional or grossly negligent breach;
- under the Produkthaftungsgesetz;
- within the scope of any expressly assumed guarantee.
(3) Otherwise, liability for simple negligence is limited to breaches of cardinal duties and capped at typically foreseeable damage. Any further liability is excluded.
(4) The above limitations also apply in favour of the Provider's legal representatives, employees, and vicarious agents.
§ 10 Term and termination
(1) Either party may terminate the trial at any time without notice in text form.
(2) The Provider may suspend access immediately for breach of § 4.
(3) On termination, the license key is revoked and the customer account is deleted in accordance with the Privacy Policy.
§ 11 Changes to these Terms
The Provider may amend these Terms with 30 days' email notice to the registered contact. If the customer does not object before the effective date, the change is deemed accepted; otherwise either party may terminate for cause. The notification will draw the customer's attention to this.
§ 12 Governing law and venue
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Exclusive venue for all disputes — where the customer is a merchant, a legal person of public law, or a special public-law fund — is the registered seat of Monovandi GmbH (§ 38 ZPO).
§ 13 Miscellaneous
(1) No oral side agreements exist. Amendments require text form (§ 126b BGB); this applies also to waiving the text-form requirement.
(2) If individual provisions are or become invalid, the remaining provisions remain in force.
§ 14 Dispute resolution
Monovandi GmbH is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration body (§ 36 VSBG).